28 April 2003
Ashcroft Outlines Efforts to Promote Rule of Law in the Americas
(Says U.S. provides direct law enforcement assistance and training) (2280)
The rule of law is an essential foundation for democracy, human rights
and open markets, and the U.S. Department of Justice is actively
engaged in promoting the rule of law in Latin America, says U.S.
Attorney General John Ashcroft.
"The rule of law is the essential cornerstone to building the
community and civil structures so important to freedom and
prosperity's enduring strength," Ashcroft said in April 28 remarks to
the Council of the Americas' 33rd Washington Conference, "Crisis and
Opportunity: Realizing the Hopes of a Hemisphere."
Ashcroft defined the rule of law as effective law enforcement, an
absence of corruption, respect for human rights and a strong
independent judiciary.
The attorney general said the Department of Justice has long promoted
the rule of law in Latin America through direct assistance in law
enforcement operations as well as training and technical assistance to
hemispheric law enforcement officers and judicial officers.
Ashcroft cited U.S. support for Plan Colombia -- the Colombian
government's strategy to enact sweeping political and economic
reforms, with a focus on curbing drug trafficking and narco-terrorism
-- as the most well-known and comprehensive effort to encourage legal
reform in the region. He noted that the Department of Justice is
providing direct assistance in law enforcement operations in Colombia
and is engaged in numerous projects to improve the country's
operational capabilities. These projects include the training of
prosecutors to focus on maritime interdiction of drug shipments; the
creation of asset forfeiture, money laundering and anti-corruption
task forces; and the development of a program to investigate and
prosecute kidnapping and extortion cases.
The Justice Department is also assisting in ambitious legal reforms of
the Colombian Criminal Code and Criminal Procedural Code, he said.
Ashcroft cited the November 2002 indictment of four men in a $25
million drugs-for-weapons scheme as evidence of the strong law
enforcement relationship between the U.S. and Colombia and noted that
fugitives are routinely extradicted to the United States as part of
cooperative efforts.
In addition to support for Colombia, Ashcroft noted that the U.S.
Department of Justice is providing assistance to other countries
throughout the Americas.
Ashcroft said the United States continues to reinforce the
implementation of the Inter-American Convention Against Corruption and
supports programs bolstering law enforcement and assisting legal
reform throughout the region.
He noted that the United States is also actively engaged in assisting
countries to establish frameworks to fight terrorism.
Ashcroft applauded the growth of democracy in Latin America and
progress toward open markets, but cautioned that these accomplishments
must be continually reinforced and reaffirmed.
Following is the text of Ashcroft's remarks, as prepared for delivery:
(begin text)
PREPARED REMARKS OF ATTORNEY GENERAL JOHN ASHCROFT
COUNCIL OF THE AMERICAS
WASHINGTON, D.C.
APRIL 28, 2003
Thank you, Richard. And thank you for inviting me to the State
Department for your Washington briefing.
For over 35 years, the Council of the Americas has provided a valuable
forum for the exchange of ideas between government officials and
members of the U.S. business community who, taken together, represent
the vast majority of private investment in Latin America.
The broad themes of today's program -- democracy, governance and
economic expansion -- are timely, as we face a crucial moment in the
history of the Americas.
Nearly all of the countries of the Americas have adopted democratic,
representative forms of government. Democracy, though, consists of
more than free elections or open economies. Certainly, these are
indispensable preconditions. But to endure, freedom must exist as a
permanent right, and it must rest upon institutions of civil society
that are sufficiently robust to stand up to adverse pressure.
With this in mind, I am pleased to speak to you about the steps that
the Department of Justice is taking to promote the rule of law in
Latin America. Rule of law is vital to providing the platform upon
which human beings stand, with dignity as individuals and the promise
of opportunity and equality. Without the rule of law, democratic
governments cannot be said to be truly democratic, and the free market
cannot be said to be truly free.
In practical terms, where the rule of law is firmly established, we
find:
-- Effective law enforcement;
-- An absence of government corruption;
-- Human rights protected vigorously and equitably; and
-- A strong, independent judiciary that applies the laws evenly and
predictably.
When these conditions are secured, they create hope and faith in the
institutions of civil society.
The Department of Justice has long promoted the rule of law in Latin
America. We provide both direct assistance in law enforcement
operations, as well as training and technical assistance to Latin
American law enforcement officials and judicial officers.
Perhaps the best-known and most comprehensive effort at legal reform
is "Plan Colombia," an integrated strategy developed with the
Government of Colombia. We are tackling the most serious issues facing
that country, including narcotics trafficking, corruption, human
rights abuses, judicial reform, and economic development.
In addition to providing direct assistance in law enforcement
operations, we are working to reform the Colombian justice sector.
These programs are funded by the Department of State and coordinated
by the Justice Department.
Our work in Colombia involves numerous components of the Department of
Justice, including the Office of Overseas Prosecutorial Development,
Assistance and Training, and the International Criminal Investigative
Training Assistance Program. The Federal Bureau of Investigation, the
Drug Enforcement Administration, the U.S. Marshals Service and the
Bureau of Prisons also play key roles.
Through Plan Colombia, the Department is also assisting in ambitious
legal reforms of the Colombian Criminal Code and Criminal Procedure
Code. The aim is establishment of an "adversarial" system of criminal
justice, which will permit trials with open testimony before an
impartial court and offer protection for the legal rights of the
accused.
The Department of Justice is also engaged in numerous projects aimed
at improving the operational capabilities of Colombian law
enforcement. These include:
-- Training a special corps of Colombian prosecutors to focus on cases
of maritime interdiction of drug shipments;
-- The creation of Asset Forfeiture, Money Laundering, and
Anti-Corruption Task Forces to help the government investigate
effectively those crimes; and
-- The development and implementation of a comprehensive program to
investigate and prosecute kidnapping and extortion offenses.
Trans-national organized crime is one of the greatest challenges for
Colombia, as well as the other nations of the Americas. The threat
these groups pose to regional stability and security increases as the
criminal empires join forces with terrorist organizations. Sometimes
they are one and the same.
In November 2002, under Operation White Terror, the Justice
Department, the FBI, and the DEA indicted four men for their roles in
a $25-million Colombian narco-terrorism drugs-for-weapons scheme.
Had the deal succeeded, hundreds of pounds of cocaine would have
entered the U.S. Meanwhile, the ruthless narco-terrorist group United
Self-Defense Forces of Colombia would have procured:
-- shoulder-fired anti-aircraft missiles,
-- 53 million rounds of various types of ammunition, 9,000 assault
rifles and submachine guns, and
-- rocket-propelled grenade launchers and 30,000 grenades.
Led by Carlos Castaño-Gil, the United Self-Defense Forces of Colombia,
or AUC, is an 8,000-man paramilitary group listed on the State
Department's Foreign Terrorist Organization List.
Colombian police estimate that the AUC is responsible for 804
assassinations, 203 kidnappings, and 75 massacres with 507 victims
during the first 10 months of 2000. Castaño-Gil has boasted that 70
percent of AUC financing comes from drug trafficking. As the AUC reaps
the profits of cocaine flooding the streets of America, it sows terror
in the streets of Bogota.
Operation White Terror is evidence that our law-enforcement
relationship with Colombia is today stronger than ever. We exchange
evidence and conduct sophisticated joint investigations. Fugitives,
including top-ranking drug traffickers, are routinely extradited to
the United States.
To that end, we are working to improve training for Colombian
prosecutors, police, and prison administrators responsible for the
most violent offenders, including terrorists, drug traffickers, and
those awaiting extradition.
The Department is also assisting the Government of Colombia in
establishing 11 satellite human-rights units to respond more
aggressively to incidents of alleged violations in remote parts of the
country. We are also strengthening the government's forensic
capabilities to investigate human-rights cases and to identify victims
and perpetrators of human-rights abuses.
I should mention here one essential point. None of this work would be
possible without the courage of those on the front lines: the people
and leaders of Colombia and other Latin American countries.
I had the honor of meeting with Colombian President Alvaro Uribe in
Davos, Switzerland, and I expressed my admiration for his courage and
effort in steadfastly supporting reform and cooperation. I extend the
same message of admiration and gratitude to my Latin American
colleagues here today.
Although Plan Colombia is perhaps the most comprehensive and ambitious
effort to promote and secure the rule of law in Latin America,
numerous other countries are taking valuable and concrete steps
towards legal reform, as well. Here, too, the Department of Justice is
providing assistance.
As you know, public corruption is a serious problem in many parts of
the Americas. It is a major obstacle to political reform,
law-enforcement efforts, and economic growth. The Justice Department
continues to reinforce implementation of the Inter-American Convention
Against Corruption -- which the Council strongly supported -- through
numerous initiatives and programs.
Recently, the Department hosted a regional conference on
"Investigations and Prosecutions of Public Corruption." Teams from
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama
attended. Training was provided in investigative techniques,
money-laundering prosecution, and methods for gaining international
legal assistance. Similar conferences have been held in Mexico and the
Dominican Republic.
We must recognize the anti-corruption efforts of so many countries in
the Americas. Real progress is being made, thanks to the strong
leadership of individuals such as my good friend Macedo de la Concha,
the Attorney General of Mexico.
In addition to conducting training programs to develop the operational
capabilities of law enforcement officials in such countries as
Honduras, Ecuador, Venezuela, Bolivia, Paraguay, Chile, Argentina, and
soon Nicaragua, the Department of Justice is also assisting efforts at
legal reform in countries of the region. Efforts to transform the
criminal justice system from an "inquisitorial" structure to one that
relies on adversarial proceedings are well underway in several
nations.
In October 2002, and again in February 2003, officials from the
Department of Justice held training courses in Bolivia on Drug
Investigations and Prosecutions under the new adversarial system of
criminal law that is being implemented there.
In June 2004, a new criminal code will take effect in the Dominican
Republic that is based on an adversarial legal model. As we speak,
officials from the Department of Justice are en route to implement a
course for investigators and prosecutors on methods for conducting
criminal cases under the adversarial system.
We are also actively assisting countries in the region in creating and
implementing the legal frameworks necessary to fight terrorism. This
upcoming summer, for example, an Assistant United States Attorney will
be placed in Paraguay as a Resident Legal Advisor to assist in
drafting and encouraging passage of effective anti-terrorism financing
legislation, as well as assisting Paraguayan authorities in combating
terrorism.
Our list of partnerships is long and varied, but there is a unity of
values, a unity of interest, and a unity of purpose -- freedom. And
every day, there are successes that remind us how far this region has
come -- and how far we still must go.
Recently, a team from one of the Plan Colombia human-rights satellite
units responded to early information of a massacre site in a remote
part of southwestern Colombia. There they found the remains of 36
bodies that had been mutilated and dismembered. The team collected DNA
samples and relocated the bodies to a cemetery, using numerical
identifications.
Through interviews with the local population, and the use of
sophisticated forensic capabilities provided by the United States, the
team has begun identifying some of the perpetrators of this atrocity.
An investigation that could not have been contemplated before is now
well underway, including formal charges and prosecution.
When citizens see the rule of law in action, they are seeing justice
done. To those people who have never seen it, justice can be an
inspiration; it can reinvigorate hope, and it can reinforce reform.
The rule of law is the essential cornerstone to building the community
and civil structures so important to freedom and prosperity's enduring
strength.
Simon Bolivar, the liberator of South America, spent a lifetime
fighting for freedom. In the end he watched his dream of a democratic
hemisphere disintegrate into faction and corruption. Seeing his vision
pushed aside, he said, "I have been plowing in the sea."
There are surely times when the United States and the nations in
Central and South America felt that they, too, were cutting furrows of
futility.
Nevertheless, seeds of freedom were sown, and democracy has grown. You
have helped nourish freedom through open markets and free trade,
pressing for judicial reform, and respecting human dignity. However,
we must remain vigilant.
These accomplishments must be continually reinforced and reaffirmed.
If we are successful, the 21st century will be a defining moment, for
the Americas and for free peoples committed to the defense of
democratic ideals.
Then it will be written that democracy and the rule of law rose to the
task.
Thank you. God bless you, and God bless America.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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